Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012

4Sections 1 and 2: interpretation

This section has no associated Explanatory Notes

(1)Section 1(1) applies to—

(a)behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and

(b)behaviour consisting of—

(i)a single act, or

(ii)a course of conduct.

(2)In section 1(2)—

(a)membership, in relation to a group, includes association with members of that group,

(b)“presumed” means presumed by the person expressing hatred or, as the case may be, doing the stirring up,

(c)“religious group” has the meaning given by section 74(7) of the Criminal Justice (Scotland) Act 2003 (asp 7).

(3)In section 1(4)—

(a)“disability” means physical or mental impairment of any kind,

(b)“transgender identity” means any of the following—

(i)transvestism,

(ii)transsexualism,

(iii)intersexuality,

(iv)having, by virtue of the Gender Recognition Act 2004 (c.7), changed gender,

(v)any other gender identity that is not standard male or female gender identity.

(4)In section 2(3), “televised” means shown (on a screen or by projection onto any surface) whether by means of the broadcast transmission of pictures or otherwise.